Don't want to be done for fraud....

[Hannah+Vito 0]

we filed petiton of k1 on the 1st may 08 got petition approved 23rd sept 08 interview for k1 visa jan 09 all in all it took me around 9 months to have visa in hand and that was with a two week delay on my part because i melted my passport and needed to replace it. i flew out to usa in late feb we got married on the 9th of april. we filed aos in june three weeks late due to problems mostly on our part though we were also trying to fix a problem on uscis's side but still not fixed so filed anyhow.

So we filed and married within almost a year of filing. It could be said if you file k1 now you may very well be approved in time for you august 2010 wedding but the problem is there is no guarantee of how long it could take. some took lest time than myself and hubby others are still waiting or took slightly longer. then theres the fluctuation in average processing times, the processing times for this year are proberbly different than last year when we filed and the year before that it took longer than 08 times due to a fee increase which lead to a huge influx in people filing before the fee came into effect.

have you also considered going to the registrars office and marrying now in uk, filing for either dcf or k3/cr1/ir1 which ever the spousal visa is that wold grant him a green card on arrival (i.e.where he wont need to adjust status, so he can work straight away) then having the big wedding in usa as planned even though you are officially and legally already wed? some on here do two wedding just because they feel they dont have time to plan a wedding in 90 days or because they want family to be able to come visit but need to give them more notice. or even because they want both sides to see them get married.

hubby and i are renewing our vows on our 1st anniversary in UK, in a small blessing hopefully if ap comes in time. that way all the family who couldn't make it over for our real wedding still get to celebrate with us.

[HannahP 119]

Guys, the L visa /is/ a dual intent visa. As was stated earlier. Her plans are legit.

[EstebanTrabajos 7]

With these replies, and some of my own research, I'm getting a bit confused, as from what I've found, H-1 and L category visas are considered to have dual intent, as "Currently, only E, H-1, and L visa holders may pursue permanent residence while maintaining their nonimmigrant status. E, H-1, and L visas are all employment based visas."

Yes, they may pursue permanent residence with the visas mentioned above. Let me put it this way, KEYWORD here is "intent" and the purpose of a visa. He may enter the country with the intent to WORK and later on he may be eligible for permanent residence, then we can say the visa served it's purpose.

Your case is different, he is applying for a WORK visa, but his intentions are to WORK but principally to GET MARRIED to you a US citizen, therefore this is visa fraud. The purpose of a visa is the reason why USCIS gives you the visa, a TOURIST VISA is to VISIT, a WORK visa is to WORK, a FIANCE's visa is TO GET MARRIED, etc.

He would be eligible for permanent residence if by being IN the US, he met you and married you but his intentions when he applied for the visa WERE NOT those, meaning this is not a visa fraud but you two happen to met each other and fall in love WHILE IN THE US.

If you are looking for somebody to tell you, "yeahhhhh go ahead, it's not a big deal" that advice is not the correct thing to say nor follow if you decide to because it can come right back to bite you in the future.

again...your pick.

Edited August 5, 2009 by TävôLuDô

[payxibka 10,045]

Yes, they may pursue permanent residence with the visas mentioned above. Let me put it this way, KEYWORD here is "intent" and the purpose of a visa. He may enter the country with the intent to WORK and later on he may be eligible for permanent residence, then we can say the visa serviced it's purpose.

Your case is different, he is applying for a WORK visa, but his intentions are to WORK but principally to GET MARRIED to you a US citizen, therefore this is visa fraud. The purpose of a visa is the reason why USCIS gives you the visa, a TOURIST VISA is to VISIT, a WORK visa is to WORK, a FIANCE's visa is TO GET MARRIED, etc.

He would be eligible for permanent residence if by being IN the US, he met you and married you but his intentions when he applied for the visa WERE NOT those, meaning this is not a visa fraud but you two happen to met each other and fall in love WHILE IN THE US.

If you are looking for somebody to tell you, "yeahhhhh go ahead, it's not a big deal" that advice is not the correct thing to say nor follow if you decide to because it can come right back to bite you in the future.

again...your pick.

Might be true for every type of non-immigrant visa EXCEPT and "L" or an "H"....

Edited August 5, 2009 by payxibka

[EstebanTrabajos 7]

I stand corrected

L1 allows this, just checked the USCIS page, my apologies

[HannahP 119]

I stand corrected

L1 allows this, just checked the USCIS page, my apologies

Google is your friend!

[Mainer1985 0]

I stand corrected

L1 allows this, just checked the USCIS page, my apologies

Well, now I'm more confused than ever!!! Would you be so kind as to post a link for what you found about the L1 visa on the USCIS? Thank you everyone for all the replies!

We've been discussing all of this and will look into the advice given that we should consult with a good immigration lawyer to see what they have to say before filing any paperwork. Also may consider having a quick legal marriage before I head back to the States and still have our formal wedding next August in the US as that may make things a bit easier overall.

[EstebanTrabajos 7]

sorry to confuse you, I wasn't aware but according to this:

http://en.wikipedia.org/wiki/L1_visa

"Spouses of L-1 visa holders are allowed to work, without restriction, in the US, and the L-1 visa may legally be used as a steppingstone to the Green Card under the doctrine of dual intent."

Edited August 5, 2009 by TävôLuDô

[payxibka 10,045]

Doctrine of dual intent was brought forward several times in this thread beginning with the third posting.....

[Nik+Heather 121]

I stand corrected

L1 allows this, just checked the USCIS page, my apologies

Well, now I'm more confused than ever!!! Would you be so kind as to post a link for what you found about the L1 visa on the USCIS? Thank you everyone for all the replies!

We've been discussing all of this and will look into the advice given that we should consult with a good immigration lawyer to see what they have to say before filing any paperwork. Also may consider having a quick legal marriage before I head back to the States and still have our formal wedding next August in the US as that may make things a bit easier overall.

I was thinking this as I read through here. The bonuses for this path are:

- DCF is relatively fast - a London DCF just got through in less than 90 days from filing to visa in hand.

- Your fiance (will be your husband) will be issued a green card as soon as he enters the US - therefore, he can start work immediately (well, with some paperwork I think, like needing an SSN - I'm not an expert, I'm a K1-er).

- This route is cheaper, and all one step to a green card, rather than going through an L visa process (or K1 etc) and then trying to adjust status later.

- Depending on when you come back to the States, you won't have to spend much, if any time apart.

I'm sorry you are confused, see, this is a family immigration site, so in general the knowledge runs more towards expertise in those visas, and not as much about other bases for legal entry/adjustment. When someone thinks that a plan may involve possible fraud, sometimes it's best to state it emphatically, as frequently it doesn't seem to get through to people - they have a plan, and come hell or high water, they are going through with it. I don't think you're one of them, just hoping that understanding helps a little.

If you decide that DCF isn't the right path for you, then I would completely agree that you should at least have an initial consultation with an immigration lawyer - OR, if your fiance's transfer is approved, have him bring it up with his company's HR department when they are discussing the specifics of the transfer. Likely they have some sort of resources you can avail yourselves of, as it would be a waste for them too if the whole process gets mucked up!

[Philosykos 0]

Doctrine of dual intent was brought forward several times in this thread beginning with the third posting.....

Indeed. And some people should check the facts before they post in this aggressively self-righteous tone...

[vip1 8]

I'm not an expert on this but i do know one thing...the L-1 can be used to get a green card. My dad did this, so its completely legal. Now, personally, I don't think it would be considered visa fraud since your husband WILL be working with his working visa. I don't want to offend anyone, but I think sometimes people here get to paranoid at the fact that other people may have a easier, faster option, because they want everyone to go through exactly what they went through. In my onpinion, you should consult an immigration attourney to make sure getting the L-1 visa, immigrating and then adjusting status through marriage is legal. If it is, then go ahead and do it, if you can get you husband here in less time then lucky you, and I shouldn't have to resent you for that.

[DGAB2008 3]

If you have to leave in October, the K1 is a good option because it will take between 5-7 months for him to be in the U.S. (unless there's a serious delay). If you apply today, that would mean he would be here between January and March 2010 - way before August 2010. Of course you don't want to be apart - no one does, but at least you will be reunited within 4-5 months of leaving him.

However, like you, I'm not sure there's any fraud involved by seeking a work transfer. Let's look at it this way, what if his job said, "we are transferring you to the U.S. - period!" is the law written that he is obligated to say no, don't transfer me because I have the intent of marrying my U.S. fiance? Is the intent of the law that he loose his job just because he has an American fiance? Can someone show me where there is a presumption of fraud for seeking a job transfer to the U.S. with an American fiance?

Now, I completely understand utilizing the visitor's visa with an intention to immigrate. Clearly, that is fraud and the regulations state as much. But having a job that allows for transfers to the U.S., and completing the necessary paperwork and process for that transfer, seems to be a loophole, not an intention to commit fraud.

I don't know, but please provide the applicable law for this.

D

[Old Dominion 26]

We want to make sure we're doing this the right way, but we want to get him over (and working) as soon as possible. The initial plan was for me to head back to the US in the late spring, and he would come over in July, before the wedding, which would have been just a couple months apart. It would have sucked, but it would have been do-able. But, my UK visa expires mid-October, so I now need to go back to the States then. We don't really fancy spending the 10 months leading up to our wedding in different countries. Again, do-able, if necessary, but we would really rather not have to spend so much time apart. Especially when we're trying to plan our wedding!

With these replies, and some of my own research, I'm getting a bit confused, as from what I've found, H-1 and L category visas are considered to have dual intent, as "Currently, only E, H-1, and L visa holders may pursue permanent residence while maintaining their nonimmigrant status. E, H-1, and L visas are all employment based visas."

I mean, we are obviously getting married, but we also do want his transfer to go through quickly, as well. If we were to go via the K-1 visa, he would not be able to work until after the wedding, and this might make his company reluctant to transfer him if they need/want him there sooner. So, we're not looking at the L or H visa as a way to NOT have to apply for the K-1 visa, but rather as a way to allow him to transfer to the US with his work as soon as he can. It just seems silly that if he has a genuine job offer, he couldn't take it up because we are also planning on marrying and most likely settling in the US.

And, I would appreciate hearing from people just how long their k-1 visa application actually took. It's all well and good reading whatever you can find online, but how long did it truly take? If we were to get the application in by early September, is there a good chance it would be all set and ready to go by our August 21, 2010 d-day??

all things being equal, yes

[Nik+Heather 121]

I'm not an expert on this but i do know one thing...the L-1 can be used to get a green card. My dad did this, so its completely legal. Now, personally, I don't think it would be considered visa fraud since your husband WILL be working with his working visa. I don't want to offend anyone, but I think sometimes people here get to paranoid at the fact that other people may have a easier, faster option, because they want everyone to go through exactly what they went through. In my onpinion, you should consult an immigration attourney to make sure getting the L-1 visa, immigrating and then adjusting status through marriage is legal. If it is, then go ahead and do it, if you can get you husband here in less time then lucky you, and I shouldn't have to resent you for that.

I will admit to envy some times, but not go so far as to say that I would wish the time apart on other couples just because we had to endure it.